ABA Journal

AUGUST 23, 2021

Supreme Court justices on Friday acted on two requests to block court rulings on immigration and construction of a presidential center that is opposed by…

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Construction Immigration Court Rules Court 55

Mondaq

SEPTEMBER 13, 2021

The High Court has ruled in Kevin O'Donovan and Cork GAA v Dr. Bunni, James Bridgeman, and OCS One Complete Solution Ltd, which concerned the question of whether an adjudicator had jurisdiction to hear a dispute referred under the Construction Contracts Act 2013.

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Construction Court Rules Contract Court 40

Day on Torts

AUGUST 2, 2022

On appeal, this ruling was reversed. In its analysis, the Court of Appeals ruled that plaintiffs had constructive notice of their claim in October 2009. Under the modern discovery rule…, Plaintiffs were on constructive notice of their claim by October 5, 2009. Code Ann. §

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JURIST

JUNE 29, 2022

The US Supreme Court ruled Wednesday that an Army reservist can sue Texas for improper treatment under the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). The court held that Congress may exercise its power under Article I of the US Constitution to authorize private damages suits against non-consenting states.

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Court Court Rules Construction Government 197

JURIST

DECEMBER 11, 2023

The report alleges that from 2019 to 2023, the RCMP arbitrarily arrested and detained 75 Wet’suwet’en protestors and their supporters on four separate occasions in an attempt to enforce a December 2019 BC Supreme Court ruling preventing protestors from blocking the road that pipeline construction materials were supposed to travel along.

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JURIST

APRIL 18, 2023

The US Court of Appeals for the Ninth Circuit Monday struck down a Berkeley, California law that prohibited the installation of natural gas piping in newly constructed buildings. ” The post Federal appeals court strikes down California law regulating natural gas appeared first on JURIST - News.

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Laws Court Construction Manufacturing 104

JURIST

JULY 17, 2021

The Court of Justice of the European Union (CJEU) upheld Thursday a lower court ruling that restricted the increased flow of gas through Germany’s OPAL pipeline. CJEU’s decision upholding the lower court ruling restricts the OPAL pipeline from carrying additional capacity, citing the concept of energy solidarity.

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Court Rules Construction Court Legal 211

Law 360

SEPTEMBER 20, 2021

Two recent rulings by the California Supreme Court in Mendoza v. Wabtec should come as good news to public works construction contractors, subcontractors and suppliers, as they clarify and limit the scope of the state’s prevailing wage law in several important ways, say Laurence Phillips and Tyler Paetkau at Procopio Cory.

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Court Rules Construction Laws Court 40

JURIST

OCTOBER 16, 2023

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. ” The denial from the Supreme Court offered no explanation or reasoning. .”

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Law 360

APRIL 4, 2023

A New Jersey and Pennsylvania bistate commission handling a Delaware River bridge project went beyond its powers when it mandated that contractors make project labor agreements with specific unions in order to bid on the construction contract, a Garden State appeals court ruled Tuesday.

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JURIST

MARCH 9, 2023

He was accused of training al Qaeda militants in the English language and on construction of circuit boards for remotely detonated bombs. Under the US Supreme Court ruling in Hamdan v. He previously earned an electrical engineering degree from Embry-Riddle Aeronautical University in Arizona.

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Construction Court Rules Government Court 104

Mondaq

DECEMBER 1, 2021

based company Eisenmann was selected to act as a general contractor for a large-scale construction project at a Tesla facility in Fremont, California. In 2014, U.S.-based

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Construction Court Rules Laws Court 40

Law 360

APRIL 28, 2022

A split New Jersey Supreme Court ruled Thursday that a construction company executive was permitted to pursue his individual claims as a taxpayer over the lack of public bidding to hire a redeveloper for a courthouse project even as they ruled his business could not challenge the selection process since it had been a participant.

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Construction Court Rules Court 40

JURIST

AUGUST 25, 2023

Planned Parenthood South Atlantic joined two physicians and Greenville Women’s Clinic to file a petition Thursday asking the Supreme Court of South Carolina to reconsider its decision to uphold a strict state law banning abortions after six weeks of pregnancy.

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Court Construction Statute Contract 104

ClimateChange-ClimateLaw

JUNE 1, 2022

Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. This will be the first climate change case heard before the Supreme Court. Eight additional power plants are currently planned or under construction. Civil law cases.

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Litigation Litigating Construction Tort 143

ClimateChange-ClimateLaw

APRIL 18, 2023

The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas ban” was the first local ordinance in the country to effectively require all-electric construction of new buildings.

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Construction Government Legal Legal 115

SCOTUSBlog

JUNE 29, 2021

Share A pipeline developer may use the federal government’s power of eminent domain to seize property controlled by New Jersey so that it can build a natural-gas pipeline through the state, the Supreme Court ruled Tuesday in a 5-4 vote. The case, PennEast Pipeline Co.

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Court Construction Court Rules Laws 117

Gravel2Gavel

JANUARY 13, 2021

By Pillsbury's Construction & Real Estate Law Team. The Bankruptcy Court applied the “plain language” rule to hold that section 365(d)(3)’s rent holiday cannot be extended. In “ Bankruptcy Court Rules Bankruptcy Code Does Not Permit Extended Rent Holiday for Retail Debtors ” colleagues, Patrick J.

Real Estate 52

Real Estate Construction Court Rules Court 52

Day on Torts

FEBRUARY 16, 2022

The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. internal citation omitted). Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.

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Tort Construction Statute Court 59

SCOTUSBlog

OCTOBER 10, 2022

In 2009, the Supreme Court ruled in District Attorney’s Office v. An inmate whose efforts to obtain DNA testing under state law have been unsuccessful, the court ruled, must show that state law denies him his right to due process.

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Statute Construction Litigation Litigating 109

Day on Torts

FEBRUARY 2, 2023

Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property. Based on this language, the trial court ruled that immunity was not removed, but the Court of Appeals disagreed with this analysis. At issue here was Tenn. Code Ann. § Continue reading

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Tort Contract Cause of Action Construction 59

JURIST

AUGUST 10, 2023

Last Friday, 4 August 2023 , the Supreme Court of India (SCI) refused to stay a “scientific survey” by the Archeological Survey of India (ASI) to determine whether a 17th-century mosque was constructed over a pre-existing Hindu temple. The mosque in question is the Gyanvapi Mosque in the holy city of Varanasi, Uttar Pradesh.

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Court Construction Legal Legal 197

At the Lectern

APRIL 15, 2024

.” The essay might not be giving the California Supreme Court enough credit when it says the court generally doesn’t interpret the State Constitution independently. A pair of 2019 decisions are good examples of the court ruling without regard to what the U.S. Supreme Court has said or might say.

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Misdemeanor Court Reporter Construction Court 45

Day on Torts

MARCH 28, 2022

In its analysis, the Court of Appeals first looked at whether plaintiff had shown that defendant had actual or constructive notice of the trough at issue in this case. The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03

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Tort Construction Court Rules Court 45

Patently O

APRIL 3, 2023

The court also addressed the burden of proof in estoppel cases, with the Federal Circuit holding that it lies with the party seeking the estoppel — a ruling that aligns with traditional practice and the best reading of the statute.

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Diligence Statute Construction Court 110

Patently O

DECEMBER 7, 2023

” Overall, the court ruling places a hard stop against a potential form of evergreening that brand drug companies could have used to prevent generic entry through method-of-use patents obtained later in a drug’s lifecycle. The statute’s patent specific.”

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Manufacturing Statute Court Construction 125

Day on Torts

SEPTEMBER 16, 2022

Noting that it must “construe the verdict in a manner that upholds the jury’s findings if at all possible,” the Court ruled that the verdict was not irreconcilable, explaining: The jury’s conflicting findings on fault may be reconciled using ordinary principles of comparative fault.

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Project Management Court Rules Construction Contract 59

SCOTUSBlog

OCTOBER 26, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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Statute Construction Court Felony 125

JURIST

DECEMBER 21, 2020

In response to growing criticism, the bill was subsequently challenged by President Klaus Iohannis at the top court, which gave its ruling on Wednesday. The post Romania Constitutional Court rules gender studies ban unconstitutional appeared first on JURIST - News - Legal News & Commentary.

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Court Rules Education Court Construction 232

Patently O

MARCH 11, 2021

” In its decision, the Federal Circuit affirmed a lower-court ruling that the claims were indefinite. ” In its claim construction, the district court gave no weight to the italian priority filing or its certified translation — concluding instead that the change in terminology was intentional.

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Court Laws Construction Court Rules 83

Gravel2Gavel

APRIL 17, 2024

by Pillsbury's Construction & Real Estate Law Team In our latest roundup, Airbnb advocates for new short-term rental rules, the U.S. Supreme Court rules on hefty development fees, loan losses becomes greater issue for banks, and more! Continue Reading ›

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Real Estate Construction Court Rules Court 52

Patently O

FEBRUARY 16, 2024

The first sides with Promptu on claim construction – remanding the case back to the Pennsylvania district court for further development. by Dennis Crouch Promptu Systems v. Comcast (Fed. 2024) The Federal Circuit released two opinions today involving these two parties.

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Attorney Court Construction Lawyer 48

SCOTUSBlog

OCTOBER 13, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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Tort Construction Court Felony 103

SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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Statute Legal Legal Court 109

Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

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Tort Construction Court Statute 59

SCOTUSBlog

NOVEMBER 2, 2022

After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. Hetronic International, Inc. involves the international reach of the Lanham Act, which provides civil remedies for infringement of U.S. trademarks. 14 and Oct. 28 conferences).

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Government Construction Court Statute 107

Patently O

JULY 13, 2023

In Axonics, the court ruled that the obviousness analysis must focus on the motivation to combine references to reach the claimed invention, not motivation to combine for some other purpose described in the prior art. .” The Federal Circuit’s recent decision in Axonics, Inc. Medtronic, Inc. , 2022-1451 (Fed.

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Construction Court Rules Laws Court 75